12 Apr 2022
GORDON v CHRISTENSEN [2022] NZCA 130
- Citation
- [2022] NZCA 130
- Court
- Court of Appeal
The Court allowed the appeal and discharged the injunction because ASL supplied component parts and wholesale materials, not complete assembled partitioning or moveable wall/door systems; 'systems' in the restraint denotes completeness and the clause must be confined to the business as carried on at the time of sale; there was insufficient evidence of direct competition or deployment of vendor knowledge and connections by ASL to justify enforcing the restraint against the vendors.